Allahabad HC Orders Action Against Police Officers Who Failed To Serve Bail Plea Of POCSO Accused Upon Victim, CWC
The Allahabad High Court last week directed the Senior Superintendent of Police, Bulandshahr to take appropriate action against the responsible officers who failed to serve the POCSO Accused bail application upon the victim/legal guardian as well as upon the CWC as per the directions issued by this Court in Junaid case.It may be noted that in Junaid's case, the High Court had, inter alia,...
The Allahabad High Court last week directed the Senior Superintendent of Police, Bulandshahr to take appropriate action against the responsible officers who failed to serve the POCSO Accused bail application upon the victim/legal guardian as well as upon the CWC as per the directions issued by this Court in Junaid case.
It may be noted that in Junaid's case, the High Court had, inter alia, issued directions and a definite timeline for the disposal of bail applications under the POCSO Act, 2012.
The Court had also issued a direction to the police and the Child Welfare Committee (CWC) to inform the aggrieved/victim party on getting the notice of the bail application of the accused, inform them about their rights, provide legal services, etc.
Read more about the Junaid case here: Allahabad High Court Issues Directions & Timeline For Disposal Of Bail Applications Under POCSO Act, 2012
In the instant matter, the Bench of Justice Ajay Bhanot also directed the SSP, Bulandshahr to appear in person through video conferencing mode on February 11, and explain the cause for the failure of the police authorities to comply with the directions issued by the Court in the Junaid case.
In the meantime, the Child Welfare Committee (CWC) and the police authorities have been asked expected to comply with the directions issued by this Court in the Junaid case.
Essentially, the Bench was dealing with an anticipatory bail plea filed by Kiranpal @ Kinnu, a POCSO Accused.
During the course of the hearing, the AGA for the State contended that both the C.W.C. as well as the police authorities failed to comply with the directions issued by this Court in the Junaid case and with the provisions of POCSO Act, 2012 read with POCSO Rules, 2020.
It may be noted that the Allahabad High Court had recently expressed concerns over the non-implementation of POCSO Act, 2012 read with POCSO Rules, 2020, and also Junaid case guidelines issued by the High Court by the CWCs (Child Welfare Committee) in all districts of U.P.
The Court had also stressed that the failure to implement directions of this Court in the Junaid case was impeding the day-to-day functioning of the Court and that the Court has to satisfy itself in every case whether the CWC and other State authorities have discharged their duties towards the victim as contemplated in the POCSO Act read with POCSO Rules and as directed in Junaid (supra).
Accordingly, the Court directed the Principal Secretary, Department of Women & Child Development, Government of U.P. Lucknow to respond to the above prima facie observations in her personal affidavit.
Read more about the case and court's observations here: Allahabad HC Again Expresses Concern Over Non-Implementation Of POCSO Act, Rules & 'Junaid Case' Guidelines In UP
Case title - Kiranpal @ Kinnu v. State of U.P.
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